36C26318Q9835-001.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: _VA263-18-AP-3692____________________

1. Contracting Activity: Department of Veterans Affairs, NCO 23, St. Cloud VA Health Care System, 4801 Veterans Drive,MN 56303. Organization Activity: Minneapolis VA Health Care System (MVAHCS), One Veterans Drive Minneapolis, MN 55417, 618-18-2-040-0115.

2. Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501).

A sole source, firm fixed price delivery order for a Natus Medical EEG system with data migration for the Minneapolis VA Health Care System through Natus Medical Inc’s FSS contract 36F79718D0330.

Order against: FSS Contract Number: _36F79718D0330______________________

Name of Proposed Contractor: Natus Medical Inc Street Address: 6701 Koll Center Parkway Suite 120 City, State, Zip: Pleasanton, CA 94566 Phone: 952-484-9122

3. Description of Supplies or Services:

The Minneapolis VA Health Care System’s Specialty Care department needs a new electroencephalogram (EEG) system. This medical equipment system utilizes electrodes that are placed on the scalp to measure and analyze electrical impulses in the brain. This testing allows clinicians to test for various head and brain injuries such as seizures, dementia, stroke, and others.

EEG implementation will require migration of data from current EEG server to the new server and system.

The estimated value of the proposed action is:

Delivery Date: 90 days ARO

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and (C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

The Minneapolis VA Health Care System currently has a Natus Medical EEG System that is end of life.

MVAHCS requires a new EEG System and the migration of data from the current EEG system server. The data migration is required so that providers are able to review historical data for the development of

VHAPM Part 808.405-6 Limiting Sources Page 2 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018 treatment plans. CPRS provides general notes about previous EEG tests but does not provide the needed level of detail which requires referencing data on the EEG server. Without the historical data available, providers will have to repeat original studies to reestablish a baseline. This is inefficient for providers, costly for the VA, and extremely inconvenient to the veteran. By ensuring the historical data is readily available, continuity of care can be continued without having to repeat studies

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

The Minneapolis VA Health Care System currently has a Natus Medical EEG system that is end of life. The MVAHCS requires a new EEG system along with the migration of data from the current EEG System server to the new EEG System server. The Natus Medical server data is proprietary and Natus Medical, the manufacture, is the only company able to access, transfer and manage the data existing on the current server that needs to be migrated to the new system. The data on the server is only readable with Natus Medical’s proprietary software. No other manufacture would be able to migrate the data in a readable format to a non-Natus EEG system.

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.

(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE DETERMINATION: Natus Medical Inc has an FSS contract for this EEG System, which provides discounted pricing.

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS

OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

VetBiz was searched under NAICS code 334510 which returned 167 results. A search was also conducted with NAICS code 334510 and keyword EEG which returned 1 result. Natus Medical, a large business and the manufacture of the requested EEG System was contacted in regards to authorized distributors.

Natus verified that besides the manufacture there is only 1 authorized distributor, Solcon Inc a VOSB.

They stated that the price from Solcon Inc could be significantly higher as it would be open market, whereas purchasing directly from Natus would allow the VA to receive their discounted FSS pricing.

Natus also verified that the data on the current EEG server is proprietary and can only be accessed and read by Natus software. No other manufacture would be able to migrate the data in a readable form to a non-Natus EEG server. Based on the above information there is not a reasonable expectation that 2 or more SDVOSB/VOSB vendors would be able to provide the required EEG system.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: NA

VHAPM Part 808.405-6 Limiting Sources Page 3 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE: In the future, if other vendors or manufactures become available that are able to migrate EEG data from Natus Medical servers, requirements will be competed.

(9) REQUIREMENTS CERTIFICATION: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

ON

(10) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP:

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.